HomeMy WebLinkAboutRes 0588 - Development Agreement - South 153rd Street Improvement and Dedication
WASHINGTON
RESOLUTION NO. 588
A RESOLUTION AUTHORIZING THE MAYOR TO ENTER INTO
A PROPERTY USE AND DEVELOPERS AGREEMENT WITH
WILLIAM P. KETCHAM AND HENRY H. KETCHAM, JR., TO
PROVIDE FOR THE IMPROVEMENT AND DEDICATION OF A
PORTION OF SOUTH 153RD STREET.
WHEREAS, the owners of the following described property
located on South 153rd Street desire to improve this street from 62nd
Avenue South to 64th Avenue South; and
WHEREAS, the owners further desire to dedicate the right
of -way and said improvements upon said right -of -way;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, RESOLVE AS FOLLOWS:
That the Mayor is hereby authorized to enter into a
Property Use and Developers Agreement with William P. Ketcham
and Henry H. Ketcham, Jr., to provide for the improvement
and dedication of a portion of South 153rd Street from
62nd Ave. South to 64th Ave. South.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a regular meeting thereof this 6th day of June 1977.
Approved as to Form:
ity Attorney
PROPERTY USE AND DEVELOPMENT AGREEMENT
THIS INSTRUMENT, executed this date in favor of the City
of Tukwila, a municipal coroporation in the State of Washington,
(herein called "CITY by William P. Ketcham and Henry H. Ketcham,
Jr. (herein called "OWNER
WHEREAS, Owner is the owner in fee simple of the following
described property, hereinafter called the "PROPERTY
WITNESSETH:
Lot 18, Interurban Addition to Seattle,
according to plat recorded in Volume 10
of Plats, Page 55, records of King County,
Washington,
located in Tukwila, King. County, Washington; and
WHEREAS, Owner desires to dedicate a right -of -way and said
improvements upon said right -of -way; and
WHEREAS, the City is desirous that a street be constructed
and improved to City Standards for the general use by the public in
accordance with this Property Use and Development Agreement, herein
called the "AGREEMENT
NOW, THEREFORE,
1. The Owner
covenants, bargains and agrees to the
covenants and conditions on behalf of
heirs, successors and assigns:
hereby
following
himself, his
a. To deed, without cost and without re-
servation or restriction, to the City of Tukwila
a strip of land 30 feet in width along the south
boundary of the subject property to provide for
the widening and improving of South 153rd Street
to a standard street width of 50 feet and to im-
prove said 153rd Street along the south boundary
of the property to City of Tukwila Standards for
a 50 -foot wide street, including but not limited
to filling, grading, paving and drainage of said
existing street portion.
The subject property will not be deeded
to the City until such time as improvements are
completed and accepted by the City to City Standards.
b. To remove the direct access parking lot
located near the southwest corner of said Lot 18
when street is improved.
c. To pay an equitable share of all costs
arising out of the modification of the intersection
of 62nd Avenue South and South 153rd Street to pro-
vide for adequate sight distance and any other changes
deemed necessary by the City for the protection of
the public safety.
d. To comply with the above covenants and
conditions no later than when the other portion of
the subject South 153rd Street is required to be
developed in accordance with the terms and condi-
tions of the Property Use and Development Agreement
dated February 5, 1968 between the City and Mrs. R.
N. Wingate, recorded under King County Auditor's
File No. 6318166 and attached hereto as Exhibit A
and incorporated herein as though fully set forth.
2. This Agreement shall be recorded in the records
of King County Auditor and the covenants herein shall be
deemed to attach to and run with the land and shall be
binding upon the Covenantor, his successors and assigns.
3. The City may institute and prosecute any proceed-
ings at law or equity to enforce this Agreement and Owner
agrees to pay reasonable attorney's fees expended by the
City for such enforcement proceedings.
4. It is further expressly agreed that in the event
any covenant, condition or restriction hereinabove con-
tained or any partition thereof is invalid or void, such
invalidity or voidness shall in no way affect any other
covenants, conditions or restrictions herein contained.
SIGNED THIS
CITY OF TUKWILA OWNER
By: Edgar D. Bauch, Mayor By: William P. Ketcham, a
single man
ATTEST: ATTEST:
By: Maxine Anderson, City Clerk By:
DAY OF 1977.
By: Henry H. Ketcham, Jr.
By:
ATTEST:
By:
his wife
•
.TUIS. INST RUMENT,yexecuted this date IA'£avor. of the City
of Tukwila, a municipal orporation. (herein. called 'City"), by
Mrs R. N. Wingate herein called "0
.......�
n l r
P "AND. Dx.'V OP. hZ'AGPaz T...
WIT NESSETH;
HEREAS;.• Owns `.is the-owner-in fee simple of the follow-
ing described property. hereinafter
tar
called the Property':
"Tract 16, Interurban Addition ati
on t Seattle, o Settle, accordi
plat thereof recorded in Vol. 10 of Plats ns
56, records of King County, Washington," page
located in Tukwila, King County, Washington; and
WHEREAS, Owner has filed a petition to rezone the property
to R -4; and
WHEREAS, the City Planning Commission has recommended to
the City Council that the property be rezoned only upon execution of
La Property Use and Development Agreement, substantially in the form
hereof, herein called "Agreement" and that otherwise the petition
should be denied;
now, therefore,
1. In the event the City finds that reclassification of
the property to R -4 is within the public health, safety and general
welfare, and subsequently rezones the property o R -4
Y then the Owner
in consideration thereof and for so long as the property r
P y emains so
classified hereby
ereby covenants, bargains, and agrees g ees to the following
covenants and conditions on b
eha
1
f -o G
himself,
his heirs, successors
and assigns:
(a) To deed, without cost and without reservation or
restriction, to the City of Tukwila a strip of land
20 feet in width along the north boundary of the pro-
perty to provide for the widening of South 153d Street
to a standard street width of fifty feet along with
sufficient land to provide a radius curve at the South-
west corner of the property; and to improve said 153d
Street along the north boundary of the property to
•-•;:.
City of Tukwila standards for a fifty foot wide
street, including but not limited to filling,
grading, paving and drainage of said street.
(b) To deed; without cost and without reservation
or restriction, to the City of Tukwila, a strip of
land 5 feet wide along the western boundary of the
property, to provide for the widening of 62nd Avenue
South to a standard street width of fifty feet; and
to improve said 62nd Avenue South along the western
boundary of the property to City of Tukwila standards
for a fifty foot wide street, including but not limited
to grading, paving and draining of said street.
(c) To erect a six foot high decorative fence or
screen plantings of equivalent height in a six foot
strip along the easterly boundary of the property.
(d) To comply with the above covenants and conditions
within one year of the issuance by the City of a build-
ing permit for construction of.a structure or struc-
tures upon more than one-fourth of the property, or
uoon the completion of such construction, whichever
event occurs first.
2. This agreement shall be recorded in the records of
the King County Auditor and the covenants herein shall be deemed to
attach to and run with the land and shall be binding upon the Covenan-
tor, his successors and assigns.
3. The City may institute and prosecute any proceedings
A
at law or equity to 'enforce this agreement and Owner agrees to pay
reasonable attorney's fees expended by the City for such enforcement
proceedings.
a
0 4. It is further expressly agreed that in the event any
0covenant, condition or restriction hereinabove contained or any par-
tition tnereof is invalid or void, such invalidity or voidness shall
day of.
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in no- way a ^fect •aby other: conditions. or restrictions
herein contaj.nr_d..
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IN WITNESS WHEREOF, this agrees nt
eve es- S 1.7.'
4 +`2'tiertonto /e2 rn hand and affixed
is executed this
19 Zy at Tukwila., Washington.
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k„o,nr to be-the- v:di- v.L 2cm,bJ in and who executed ex
•'greed and t •oled the aa+ne r- her.
/rte and "n!enbry act
My offieal ccal, a rid :y nand year first above write n.
O
Notary PobIk in and for the State of \Varhingeon, rcrieiog a; Seat -t
nyd for Rexo-d
R+quas!•of.r� s r/
ROoERT A MOR,IY.
PROPERTY USE AND DEVELOPMENT AGREEMENT
THIS INSTRUMENT, executed this date in favor of the City of Tuk-
wila, a municipal corporation in the State of Washington, (herein called
"CITY by William P. Ketcham and Henry H. Ketcham, Jr. (herein called
"OWNER
WITNESSETH:
WHEREAS, Owner is the owner in fee simple of the following de-
scribed property, hereinafter called the "PROPERTY
Lot 18, Interurban Addition to Seattle,
according to plat recorded in Volume 10
of Plats, Page 55, records of King County,
Washington,
located in Tukwila, King County, Washington; and
WHEREAS, Owner desires to dedicate a right -of -way and said im-
provements upon said right -of -way; and
WHEREAS, the City is desirous that a street be constructed and
improved to City Standards for the general use by the public in accordance
with this Property Use and Development Agreement, herein called the "AGREE-
MENT";
NOW, THEREFORE,
1. The Owner hereby covenants, bargains and agrees to the
following covenants and conditions on behalf of himself, his
heirs, successors and assigns:
a. To deed, without cost and without reservation or
restriction, to the City of Tukwila a strip of land 30 feet in
width along the south boundary of the subject property. This
30 foot strip will be combined with a 20 foot strip deeded to
the City by the property owner directly South of 153rd and will
provide a street 50 feet wide. The OWNER will pay the cost for
filling, grading, paving and drainage on only the 30 foot strip
that the OWNER deeds to the City. However, the OWNER will co-
operate with the property owners on the South of 153rd, as they
fill, grade and pave the 20 foot strip that they deed to the City.
The subject property will not be deeded to the
City until such time as improvements are completed and accepted
by the City to City Standards.
6 To remove the direct access 13 lot located near the
southeast corner of said Lot 18 which street is improved.
c. To pay an equitable share of, not only the improvement
of the street, but all costs arising out of the modification of the
intersection of 62nd Avenue South and South 153rd Street to provide
for adequate sight distance and any other changes deemed necessary by
the City for the protection of the public safety.
d. To comply with the above covenants and conditions no
later than when the adjacent property south of South 153rd Street
is required to be developed in accordance with the terms and condi-
tion of the Property Use and Development Agreement dated February 5,
1968, between the City and Mrs. R. M. Wingate, recorded under King
County Auditor's File No. 6318166 and attached hereto as Exhibit A
and incorporated herein as though fully set forth.
e. As an interim measure, prior to improvement and dedica-
tion of the 30 foot strip identified in section la above, the owner
grants a public access easement over said land. This agreement binds
the owner to the above referenced easement.
2. This Agreement shall be effective immediately and recorded in
the records of King County Department of Records and Elections and the
covenants herein shall be deemed to attach to and run with the land and
shall be binding upon the Covenantor, his successors and assigns.
3. The City may institute and prosecute any proceedings at law
or equity to enforce this Agreement, and Owner agrees to pay reasonable
attorney's fees expended by the City for such enforcement proceedings.
4. It is further expressly agreed that in the event any covenant,
condition or restriction hereinabove contained or any partition thereof
is invalid or void, such invalidity or voidness shall in no way affect
any other covenants, conditions or restrictions herein contained.
SIGNED THIS ,3 d DAY OF
CITY OF TUKWILA OWNE
j air) 40. /Sweet
By: Edg D. Bauch, Mayor
ATTEST:
G 5c
y;/ Ma ine Anderson City Clerk
1L 1 l
By: Henr Ketcham, r.
ATTEST:
y� vYt vt�nrti L�
By: By:
A
By William P. Ketcham a single man
BY:
,x.977.
1 1 'L-e
By: Nancy K. ptc ani, his wifr`
AT E
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